Trial for contractor in Medway asbestos case to begin

The trial of a Plainville-based heating contractor accused of improperly removing asbestos from a single-family rental home in Medway and later intimidating a tenant who lived there is scheduled to begin Thursday in Norfolk Superior Court.

By Jessica Trufant/Daily News staff

Milford Daily News

By Jessica Trufant/Daily News staff

Posted Jun. 18, 2013 at 12:01 AM
Updated Jun 18, 2013 at 6:04 PM

By Jessica Trufant/Daily News staff

Posted Jun. 18, 2013 at 12:01 AM
Updated Jun 18, 2013 at 6:04 PM

DEDHAM

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The trial of a Plainville-based heating contractor accused of improperly removing asbestos from a single-family rental home in Medway and later intimidating a tenant who lived there is scheduled to begin Thursday in Norfolk Superior Court.

Nicholas Pasquantonio, 42, was indicted in January 2012 by a Norfolk County grand jury on two counts of violating the Massachusetts Clean Air Act for failing to file a notice of asbestos removal with the state Department of Environmental Protection and failing to prevent asbestos emissions and one count of witness intimidation.

The owner of the property, David Einis, 59 of Weston, is also facing two counts of violating the Massachusetts Clean Air Act.

Both Pasquantonio and Einis pleaded not guilty on all charges at their arraignments in March 2012, according to Attorney General Martha Coakley’s office.

Einis hired Pasquantonio, who is not a licensed asbestos contractor, of Johnny’s Oil Service Inc. in Plainville in December 2010. Pasquantonio was to replace the boiler in a Medway home where a family with several children lived, the press release said.

Pasquantonio did not seal off the basement while he replaced the boiler, the press release said, and he released heating pipe insulation containing asbestos, a hazardous material.

"MassDEP worked closely with the Medway Board of Health in following up on the discovery and further addressing the violations that were found at the site," Kenneth L. Kimmell, commissioner of the state Department of Environmental Protection, said in a statement. "This enforcement sends a strong message that rules to protect public health, which include asbestos removal and disposal, must be followed."

Einis and Pasquantonio allegedly failed to notify MassDEP before disturbing asbestos when replacing the boiler, nor did they follow the appropriate procedures to prevent asbestos emissions.

The Department of Labor Standards requires that a licensed contractor perform asbestos abatement and follow set standards for the safe removal, storage and disposal of the asbestos. The contractor must also notify authorities when the removal will occur.

When Pasquantonio learned he might face criminal charges, he went to the property where the illegal asbestos removal had occurred and threatened one of the tenants not to testify against him at trial, according to the attorney general’s office.

Jessica Trufant can be reached at 508-634-7556 or JTrufant@wickedlocal.com.